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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.
2. The judgment is that the Defendant’s crime of this case is a crime that has impaired the State’s function by nullifying the legitimate exercise of public authority, and there is a need to severely punish the Defendant. However, the Defendant is aware of the mistake, and there is no criminal record except for the punishment of a fine once due to another type of crime, and the degree of assault committed by the Defendant to a auxiliary police officer is relatively serious. The Defendant appears to have agreed with the auxiliary police officer, the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol, and the Defendant appears to have committed the instant crime by contingency, taking into account the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character, environment, occupation, family relation, etc., it cannot be said that the sentence imposed by the Defendant is too unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.